October 08, 2009

Michigan business attorneys should review this case which held that a material dispute concerning a board of directors election should have precluded summary disposition in defendants' favor in this declaratory action filed by plaintiff corporation to determine which of two competing factions has legal control of the corporation.Contact a Michigan Corporate & Business Attorney Today for a 'no risk' consultation.

"Quite simply, there was conflicting evidence before the circuit court concerning whether the size of the board of directors had ever been expanded prior to 2007, and whether any additional individuals, beyond the original four incorporators, had ever been elected to the board prior to 2007. ...Although the weight of the evidence appears to have favored defendants in this case, the circuit court was not entitled to decide issues of weight or credibility at the summary disposition stage of the proceedings. ...

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